UPDATE: Florida may be furiously backtracking from their own letter. More below. [And full coverage of this backtracking here]
The Department of Justice just dropped a proposed regulation to grant Attorney General Pam Bondi unilateral authority to block state bar ethics investigations into current and former government lawyers. Bondi’s pitch to become God-Empress of Ethics lacked that certain “coherent legal argument” energy one would expect from proposed rulemaking. But, like a lot of this Justice Department’s shenanigans, the rule wasn’t really intended to hold up under scrutiny, it just needed to assert a big, splashy threat that might silence anyone who doesn’t want to have a protracted fight with the Department of Justice. If it worked for Paul Weiss, it can definitely work for some underfunded state disciplinary committee!
The last remaining check on DOJ misconduct, I’ve argued, is the fear that a state licensing authority will look at their ethical violations and prevent them from seamlessly transitioning back to private practice. Criminal accountability is impossible between sovereign immunity and blanket pardons and the DOJ gutted its own Office of Professional Responsibility. Contempt powers are met with DOJ declaring “war” on judges. Four years running roughshod over the rule of law like an unchained Professional Responsibility exam hypo followed by a low-impact gig on Biglaw letterhead makes for a nice little career arc. Bar discipline is the only monkeywrench left to jam in the revolving door.
Apparently the DOJ read my column and the response was: “Oh yeah? What if we just… make that illegal too?” But why rush this undercooked rule proposal out the door this week? It turns out, one state might have lit a fire under Bondi’s ass by exhibiting some zeal for enforcing the goddamned rules around here.
Lindsey Halligan, the insurance lawyer turned Trump revenge prosecutor whose brief, catastrophic tenure as the not-really-interim U.S. Attorney for the Eastern District of Virginia generated brutal judicial benchslaps and botched prosecutions, appears to be facing a disciplinary inquiry in Florida. First reported by the New York Times, a letter from the Florida Bar to the Campaign for Accountability — who raised Halligan’s specific possible ethical breaches with both Florida and Virginia regulators — confirmed an ongoing investigation:
Thank you for your recent correspondence. We are aware of these developments and have been monitoring them closely. We already have an investigation pending.
Well, well, well… if it isn’t the consequences of her own actions.
The CfA’s complaint cataloged Halligan’s greatest hits as fake U.S. Attorney: making fundamental misstatements of law to a grand jury, pursuing criminal cases that career prosecutors had declined to bring because the evidence didn’t support charges, continuing to identify herself as U.S. Attorney after courts ruled her appointment was unconstitutional, and generally treating the Rules of Professional Conduct like the warranty card that came with your toaster. Florida, for its part, took notice and decided to take a look before Halligan scurries back to practice law in the Sunshine State. The investigation is in its early stages and there’s no guarantee the state will ever tell her she’s despicable and say it’s unforgivable, but so far Florida is far ahead of its peers on this.
Virginia, where Halligan committed the alleged breaches, cowered like a frightened animal when asked to look into misconduct in its jurisdiction. The Virginia State Bar responded that whether indictments were obtained through misrepresentations “falls within the authority of the court to determine and not this office.” After three federal judges weighed in, CfA called Virginia’s bluff and heard crickets in return.
But Florida — where Halligan is actually licensed — apparently decided to do something novel for a state bar in 2026: its job.
It’s a notable turn of events because the Florida Bar previously refused to even consider ethics complaints against Pam Bondi on the theory that it can’t investigate sitting officers appointed under the U.S. Constitution for… reasons. It seemed like an unfounded cop out, but it’s Florida’s story and they’re sticking to it — and that means Halligan, having been drummed out of her illegally held position in January, no longer enjoys that shield.
The Florida Bar’s letter, dated February 4, predates this week’s performative tantrum from the DOJ. Will they stand up to the threat, or cave like Virginia?
UPDATE: Florida may be turning coward already. The bar is saying it “erroneously” stated Halligan was under investigation in its incredibly straightforward letter. In response, Campaign for Accountability executive director Michelle Kuppersmith said, “CfA has not heard directly from the Florida Bar, but it’s hard to reconcile this latest statement with the bar counsel’s previous letter saying there is an investigation pending. If there is no longer an investigation into Halligan, the question is why not, given that three judges indicated she engaged in conduct that appears to violate ethics rules.” Read more about this update here.
Lindsey Halligan Is Under Investigation by the Florida Bar [NY Times]
Earlier: Disbar Them All: The Only Accountability Left For Trump’s Lawyers
Pam Bondi Wants Sole Power To Decide If DOJ Lawyers — Including Herself — Act Unethically
Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter or Bluesky if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.
The post Lindsey Halligan Under Investigation And The DOJ Is Big Mad About It appeared first on Above the Law.